[2013]DLCA8125June 27, 2013Court of Appeal

OPANIN YAW MANU AND AMA ANTO vs. REGINA BROWN

AYEBI J.A. In the Sunyani High Court, the plaintiffs claimed against the defendant the following reliefs: 1. A declaration that H/No. Plot 2, Block “P” Mim-Kokoteasua is family property. 2. Recovery of possession of the said H/No. Plot 2, Block “P” Mim-Kokoteasua. 3. An order of perpetual injunction restraining the defendant, her agents, assigns, workmen etc. from having anything to do with the said house in dispute. 4. A declaration by the Honourable Court that all the self-acquired properties of the deceased be shared according to law. The deceased in relief “4” above refers to the late husband of the defendant/respondent by name Thomas Amoako. The deceased and the plaintiffs/appellants are uterine siblings. About three months before his death, Thomas Amoako gave the house in dispute, H/No. Plot 2, Block “P” Mim-Kokoteasua to the defendant by way of a deed of gift. He served a copy of the deed on the 1st plaintiff who is his elder brother. The 1st plaintiff ...